How many days will the court inform the other party of the lawsuit?

How many days will the court inform the other party of the lawsuit?

In fact, for legal issues, because there are many aspects involved, many of us are not clear about the differences between the following similar laws and regulations. Know how many days the court will notify the other party.

How many days will the court inform the other party of the lawsuit 1? 1. Time for notifying the defendant.

Depending on the type of case, the court has different time to inform the defendant. For example, administrative cases: the court will notify the defendant within five days from the date of filing the case; If it is a criminal case, a copy of the complaint shall be served on the defendant ten days before leaving the court; If it is a civil case, the court will notify the defendant within five days from the date of filing the case.

Article 125th of the Civil Procedure Law

After accepting the plaintiff's actual filing, the people's court shall send a copy of the complaint to the defendant within five days from the date of filing, and the defendant shall submit a defense within fifteen days from the date of receipt. After receiving the defense, the people's court shall send a copy of the defense to the plaintiff within five days from the date of receiving the defense.

Second, the form of informing the defendant.

Generally speaking, the court will send a copy of the complaint to the defendant. It is impossible to notify by phone or SMS unless it is a simple case. For other cases, it is forbidden for the court to contact the defendant by telephone or SMS, and the summons notice also has strong legal effect.

And the sender shall ensure that the copy of the complaint is delivered to the defendant, and if the defendant cannot sign for it, his relatives can sign for it on his behalf; If the defendant is a unit, it shall be signed by the legal person of the unit; If the defendant has an agent ad litem, the agent ad litem shall sign for it.

Third, the defendant does not appear in court?

If it is a simple case, the court may notify the defendant by telephone or text message. , the notice is automatically deemed to have been delivered. If the defendant does not appear in court, the judge will make a default judgment and think that the defendant voluntarily gives up his defense. If the defendant is notified by means of a copy of the indictment, and there is no evidence to prove that the defendant, the defendant's relatives or the defendant's agent have signed for it, the court cannot make a judgment by default.

If the defendant does not appear in court on the day of the trial, the court will not inform the defendant again, and the court will make a judgment according to the circumstances of the case. But in general, the court will notify the court three days in advance by summons.

How many days will the court inform the other party? How long will the defendant be notified after the court files the case?

The people's court shall send a copy of the indictment to the defendant within five days from the date of filing the case, and the defendant shall submit a reply within fifteen days from the date of receipt. If the defendant submits a defense, the people's court shall send a copy of the defense to the plaintiff within five days from the date of receipt. If the defendant fails to submit the defense, it will not affect the trial of the people's court.

How long does it take for the court to hold a trial after filing a case?

After filing a case, the court will serve the defendant's legal documents, and under normal circumstances, the defendant will be given a one-month proof period. In other words, it will take at least one month from filing a case to trial.

First of all, you should ensure that the contact information left is smooth, so that the court notice can inform you in time.

Secondly, after the court files a case, it will serve legal documents on the defendant. If the defendant's address is not detailed enough when you file a lawsuit, or the defendant can't be found, the case will be suspended.

Finally, it is suggested to entrust a lawyer or go to the court in person to inquire about the handling of the case.

Related knowledge: Public Security "Procedures for Handling Criminal Cases by Organs"

Article 175; After accepting a case, the public security organ considers that the criminal facts that need to be investigated for criminal responsibility belong to its own jurisdiction, and the accepting unit shall make a criminal case filing report and file the case with the approval of the person in charge of the public security organ at or above the county level.

If it is considered that there is no criminal fact, or the circumstances of the crime are obviously minor, and it is not necessary to pursue criminal responsibility, or there are other circumstances in which criminal responsibility is not pursued according to law, the receiving unit shall make a petition report of not filing a case, and shall not file a case with the approval of the person in charge of the public security organ at or above the county level.

How many days does the court inform the other party of the lawsuit? What if the court does not file a civil case?

Civil cases can be presented orally or in writing. If the case is rejected by the court because it does not meet the conditions for prosecution, according to the Civil Procedure Law of People's Republic of China (PRC), "If the people's court receives a complaint or oral prosecution, it shall file a case within seven days and notify the parties; If it is considered that it does not meet the conditions for prosecution, it shall be ruled inadmissible within seven days; If the plaintiff refuses to accept the ruling, he may appeal. "

The court may not file a case under the following circumstances:

1. The plaintiff is not qualified. Plaintiff qualification means that the plaintiff should be a citizen, legal person or other organization that has a direct interest in the case.

There is no clear defendant. The so-called "clear defendant" means that the plaintiff must point out the person who infringes on his civil rights and interests or has a dispute with him in the prosecution, that is, the plaintiff must indicate who the defendant is with the correct name and address. If the defendant's name is wrong or his address is unknown or wrong after accepting the case, and the plaintiff cannot change or supplement it, the plaintiff's prosecution shall be rejected. What needs to be emphasized here is that the requirements for the defendant in the statutory prosecution conditions are not high. It only requires the plaintiff to clearly point out who is the infringer or the disputant, and does not require the accused person to be really the infringer or the disputant, that is, it does not require the accused person to be a qualified defendant.

3. There are no specific claims, facts and reasons. Litigation claim refers to the content of the civil rights and interests that the plaintiff requests the people's court to protect; Facts and reasons refer to the basis of the plaintiff's request. The facts here only refer to the alleged facts, which are different from the facts identified by the court, and are not necessarily true or false.

4. It is not within the jurisdiction of the people's court.

5. The plaintiff's capacity for litigation rights and behavior is defective. When filing a case for examination, the people's court shall examine the plaintiff's capacity for litigation rights and capacity for conduct. In practice, plaintiffs who do not have litigation rights and capacity often go to trial, such as suing in the name of a dead citizen or an enterprise whose business license has been revoked. If such cases are found after trial, the prosecution shall be ruled to be dismissed.

6. It belongs to the scope of administrative litigation. If it falls within the scope of administrative litigation, inform the plaintiff to bring an administrative lawsuit.

Once, there is a pre-arbitration procedure. If the parties agree to arbitration, they shall inform the plaintiff to apply to an arbitration institution for arbitration first, otherwise, they shall rule that it will not be accepted, and those that have been accepted will not be accepted, except that the arbitration clause or agreement is invalid, invalid or unclear and cannot be implemented, or the arbitration institution selected by the parties does not exist or the matters decided by the parties are beyond the authority of the arbitration institution;

The people's court cannot directly accept labor dispute cases that have not yet been arbitrated, and if the people's court has accepted them, it shall rule to dismiss the prosecution; Labor disputes that have been arbitrated but not accepted by the people's court, such as disputes with employees caused by the labor administration of the employing unit and disputes caused by laid-off employees, do not belong to disputes arising from the performance of labor contracts and do not belong to the scope of accepting labor dispute cases by the people's court. If a party refuses to accept and brings a lawsuit to the court, it shall rule that the lawsuit shall not be accepted or rejected.

There is a time limit for prosecution. For example, Article 1082 of the Civil Code stipulates: "A woman may not file for divorce during pregnancy, within 1 year after delivery or within 6 months after termination of pregnancy." If such a situation is found after acceptance, the prosecution shall be rejected by ruling. Divorce mediation is not allowed, and the adoption relationship is maintained through mediation. If there is no new situation or new reason, the plaintiff brings a lawsuit within six months, which will not be accepted according to the provisions of the Civil Procedure Law. If it has been accepted, it shall be ruled to dismiss the prosecution.

(9) If the judgment or ruling has taken legal effect and the parties file a lawsuit again and are told to reject it after handling the complaint, the ruling shall reject the prosecution. However, unless the people's court decides to allow the withdrawal of the lawsuit, except for cases that meet certain conditions or can be prosecuted after a certain period of time according to the law.